BILL REQ. #: S-1560.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/20/13.
AN ACT Relating to making nonsubstantive changes to election laws; amending RCW 29A.04.008, 29A.04.013, 29A.04.079, 29A.04.086, 29A.04.097, 29A.04.169, 29A.04.216, 29A.04.321, 29A.04.330, 29A.04.410, 29A.04.420, 29A.08.020, 29A.08.220, 29A.08.230, 29A.08.260, 29A.08.330, 29A.08.340, 29A.08.350, 29A.08.820, 29A.12.005, 29A.12.080, 29A.12.120, 29A.12.150, 29A.20.021, 29A.20.111, 29A.20.121, 29A.20.161, 29A.20.191, 29A.24.020, 29A.24.031, 29A.24.101, 29A.24.320, 29A.28.041, 29A.28.050, 29A.28.061, 29A.32.100, 29A.32.210, 29A.36.010, 29A.36.060, 29A.36.101, 29A.36.121, 29A.36.131, 29A.36.161, 29A.36.201, 29A.40.010, 29A.52.112, 29A.52.210, 29A.52.321, 29A.52.355, 29A.56.040, 29A.56.210, 29A.56.320, 29A.56.360, 29A.56.490, 29A.60.010, 29A.60.060, 29A.60.110, 29A.60.160, 29A.60.165, 29A.60.240, 29A.60.250, 29A.64.021, 29A.64.030, 29A.64.050, 29A.64.061, 29A.64.090, 29A.68.011, 29A.68.020, 29A.72.080, 29A.72.130, 29A.72.250, 29A.72.290, 29A.76.020, 29A.76.030, 29A.80.020, 29A.84.210, 29A.84.261, 29A.84.510, 29A.84.520, 29A.84.711, 29A.88.020, 29A.88.040, 42.12.040, 42.12.070, 46.20.155, 29A.24.311, and 29A.36.040; reenacting and amending RCW 29A.36.170, 29A.40.070, 29A.40.091, and 35.17.020; reenacting RCW 29A.08.520; adding a new section to chapter 29A.08 RCW; adding new sections to chapter 29A.24 RCW; adding new sections to chapter 29A.60 RCW; adding new sections to chapter 29A.56 RCW; adding a new section to chapter 29A.80 RCW; adding a new section to chapter 29A.16 RCW; recodifying RCW 29A.04.240, 29A.20.010, 29A.20.021, 29A.20.030, 29A.20.040, 29A.20.111, 29A.20.121, 29A.20.131, 29A.20.151, 29A.20.161, 29A.20.171, 29A.20.181, 29A.20.191, 29A.28.071, and 29A.76.030; repealing RCW 7.16.370, 29A.04.225, 29A.08.250, 29A.08.785, 29A.12.170, 29A.20.141, 29A.20.201, 29A.24.030, 29A.24.120, 29A.28.011, 29A.28.021, 29A.32.036, 29A.32.050, 29A.36.050, 29A.36.104, 29A.36.106, 29A.36.171, 29A.36.191, 29A.52.011, 29A.52.106, 29A.52.111, 29A.52.116, 29A.52.130, 29A.52.141, 29A.52.151, 29A.53.010, 29A.53.020, 29A.53.030, 29A.53.040, 29A.53.050, 29A.53.060, 29A.53.070, 29A.53.080, 29A.53.090, 29A.53.900, 29A.53.901, 29A.53.902, 29A.80.011, 44.04.015, and 49.28.120; and repealing 2009 c 369 s 27.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.04.008 and 2011 c 10 s 1 are each amended to read
as follows:
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or
portion of a jurisdiction at a particular primary, general election, or
special election;
(b) A facsimile of the contents of a particular ballot whether
printed on a paper ballot or ballot card or as part of a voting machine
or voting device;
(c) A physical or electronic record of the choices of an individual
voter in a particular primary, general election, or special election;
or
(d) The physical document on which the voter's choices are to be
recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for
a particular election or primary has been printed, on which a voter may
record his or her choices for any candidate or for or against any
measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any
size on which a voter may record his or her choices for any candidate
and for or against any measure and that is to be tabulated on a vote
tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and
offices on the ballot in a jurisdiction and is intended to give voters
notice of the issues, offices, and candidates that are to be voted on
at a particular primary, general election, or special election;
(5) "Provisional ballot" means a ballot issued to a voter who would
otherwise be denied an opportunity to vote a regular ballot, for any
reason authorized by the Help America Vote Act, including but not
limited to the following:
(a) The voter's name does not appear in the list of registered
voters for the county;
(b) There is an indication in the voter registration system that
the voter has already voted in that primary, special election, or
general election, but the voter wishes to vote again;
(c) There is a question on the part of the voter concerning the
issues or candidates on which the voter is qualified to vote;
(d) Any other reason allowed by law((;)).
(6) "Party ballot" means a primary election ballot specific to a
particular major political party that lists all candidates for partisan
office who affiliate with that same major political party, as well as
the nonpartisan races and ballot measures to be voted on at that
primary;
(7) "Nonpartisan ballot" means a primary election ballot that lists
all nonpartisan races and ballot measures to be voted on at that
primary
Sec. 2 RCW 29A.04.013 and 2011 c 10 s 2 are each amended to read
as follows:
"Canvassing" means the process of examining ballots or groups of
ballots, subtotals, and cumulative totals in order to determine the
official returns of a primary, special, or general election and
includes the tabulation of any votes that were not previously
tabulated.
Sec. 3 RCW 29A.04.079 and 2009 c 369 s 1 are each amended to read
as follows:
An "infamous crime" is a crime punishable by death in the state
penitentiary or imprisonment in a state or federal correctional
facility. Neither an adjudication in juvenile court pursuant to
chapter 13.40 RCW, nor a conviction for a misdemeanor or gross
misdemeanor, is an "infamous crime."
Sec. 4 RCW 29A.04.086 and 2004 c 271 s 103 are each amended to
read as follows:
"Major political party" means a political party ((of which at least
one)) whose nominees for president((,)) and vice president((, United
States senator, or a statewide office)) received at least five percent
of the total vote cast at the last ((preceding state general election
in an even-numbered year)) presidential election. A political party
qualifying as a major political party under this section retains such
status until the next ((even-year)) presidential election at which ((a
candidate)) the presidential and vice presidential candidates of that
party ((does)) do not achieve at least five percent of the vote ((for
one of the previously specified offices)). ((If none of these offices
appear on the ballot in an even-year general election, the major party
retains its status as a major party through that election. However, a
political party of which no nominee received at least ten percent of
the total vote cast may forgo its status as a major political party by
filing with the secretary of state an appropriate party rule within
sixty days of attaining major party status under this section, or
within fifteen days of June 10, 2004, whichever is later.))
Sec. 5 RCW 29A.04.097 and 2003 c 111 s 116 are each amended to
read as follows:
"Minor political party" means a political organization ((other than
a major political party)) whose nominees for president and vice
president qualified to appear on the ballot at the last presidential
election under RCW 29A.20.191 (as recodified by this act). A minor
political party retains such status until certification of the next
presidential election.
Sec. 6 RCW 29A.04.169 and 2003 c 111 s 130 are each amended to
read as follows:
"Short term" means the brief period of time starting upon ((the
completion of the)) certification of the general election ((returns))
or issuance of a certificate of election, and ending with the start of
the next full term, and is applicable only when ((the office concerned
is being held by an appointee to fill a vacancy. The vacancy must have
occurred)) there has been a vacancy in the office after the last
election at which such office could have been voted upon for an
unexpired term. Short term elections are always held in conjunction
with elections for the full term for the office.
Sec. 7 RCW 29A.04.216 and 2011 c 10 s 6 are each amended to read
as follows:
The county auditor of each county shall be ex officio the
supervisor of all primaries and elections, general or special, and it
shall be the county auditor's duty to provide places for holding such
primaries and elections; to provide the supplies and materials
necessary for the conduct of elections; and to publish and post notices
of calling such primaries and elections in the manner provided by law.
((The notice of a primary held in an even-numbered year must indicate
that the office of precinct committee officer will be on the ballot.))
The auditor shall also apportion to each city, town, or district, and
to the state of Washington in the odd-numbered year, its share of the
expense of such primaries and elections. This section does not apply
to general or special elections for any city, town, or district that is
not subject to RCW 29A.04.321 and 29A.04.330, but all such elections
must be held and conducted at the time, in the manner, and by the
officials (with such notice, requirements for filing for office, and
certifications by local officers) as provided and required by the laws
governing such elections.
Sec. 8 RCW 29A.04.321 and 2011 c 349 s 3 are each amended to read
as follows:
(1) All state, county, city, town, and district general elections
for the election of federal, state, legislative, judicial, county,
city, town, and district officers, and for the submission to the voters
of the state, county, city, town, or district of any measure for their
adoption and approval or rejection, shall be held on the first Tuesday
after the first Monday of November, in the year in which they may be
called. A statewide general election shall be held on the first
Tuesday after the first Monday of November of each year. However, the
statewide general election held in odd-numbered years shall be limited
to (a) city, town, and district general elections as provided for in
RCW 29A.04.330, or as otherwise provided by law; (b) the election of
federal officers for the remainder of any unexpired terms in the
membership of either branch of the Congress of the United States; (c)
the election of state and county officers for the remainder of any
unexpired terms of offices created by or whose duties are described in
Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22,
and 23, and Article IV, sections 3 and 5 of the state Constitution and
RCW 2.06.080; (d) the election of county officers in any county
governed by a charter containing provisions calling for general county
elections at this time; and (e) the approval or rejection of state
measures, including proposed constitutional amendments, matters
pertaining to any proposed constitutional convention, initiative
measures and referendum measures proposed by the electorate, referendum
bills, and any other matter provided by the legislature for submission
to the electorate.
(2) A county legislative authority may call a special county
election by presenting a resolution to the county auditor prior to the
proposed election date. A special election called by the county
legislative authority shall be held on one of the following dates as
decided by such governing body:
(a) The second Tuesday in February;
(b) The ((third Tuesday in April until January 1, 2013;)) fourth Tuesday in April ((
(c) Theon or after January 1, 2013));
(((d))) (c) The day of the primary as specified by RCW 29A.04.311;
or
(((e))) (d) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date set forth
in subsection (2)(a) ((through (c))) and (b) of this section must be
presented to the county auditor at least forty-six days prior to the
election date. A resolution calling for a special election on a date
set forth in subsection (2)(((d))) (c) of this section must be
presented to the county auditor no later than the Friday immediately
before the first day of regular candidate filing. A resolution calling
for a special election on a date set forth in subsection (2)(((e))) (d)
of this section must be presented to the county auditor no later than
the day of the primary.
(4) In addition to the dates set forth in subsection (2)(a) through
(((e))) (d) of this section, a special election to validate an excess
levy or bond issue may be called at any time to meet the needs
resulting from fire, flood, earthquake, or other act of God. Such
county special election shall be noticed and conducted in the manner
provided by law.
(5) This section shall supersede the provisions of any and all
other statutes, whether general or special in nature, having different
dates for such city, town, and district elections, the purpose of this
section being to establish mandatory dates for holding elections. This
section shall not be construed as fixing the time for holding primary
elections, or elections for the recall of any elective public officer.
Sec. 9 RCW 29A.04.330 and 2011 c 349 s 4 are each amended to read
as follows:
(1) All city, town, and district general elections shall be held
throughout the state of Washington on the first Tuesday following the
first Monday in November in the odd-numbered years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or district
elections at which the ownership of property within those districts is
a prerequisite to voting, all of which elections shall be held at the
times prescribed in the laws specifically applicable thereto;
(c) Consolidation proposals as provided for in RCW 28A.315.235 and
nonhigh capital fund aid proposals as provided for in chapter 28A.540
RCW; and
(d) Special flood control districts consisting of three or more
counties.
(2) The county auditor, as ex officio supervisor of elections, upon
request in the form of a resolution of the governing body of a city,
town, or district, presented to the auditor prior to the proposed
election date, ((may)) shall call a special election in such city,
town, or district, and for the purpose of such special election he or
she may combine, unite, or divide precincts. Such a special election
shall be held on one of the following dates as decided by the governing
body:
(a) The second Tuesday in February;
(b) The ((third Tuesday in April until January 1, 2013;)) fourth Tuesday in April ((
(c) Theon or after January 1, 2013));
(((d))) (c) The day of the primary election as specified by RCW
29A.04.311; or
(((e))) (d) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date set forth
in subsection (2)(a) ((through (c))) and (b) of this section must be
presented to the county auditor at least forty-six days prior to the
election date. A resolution calling for a special election on a date
set forth in subsection (2)(((d))) (c) of this section must be
presented to the county auditor no later than the Friday immediately
before the first day of regular candidate filing. A resolution calling
for a special election on a date set forth in subsection (2)(((e))) (d)
of this section must be presented to the county auditor no later than
the day of the primary.
(4) In addition to subsection (2)(a) through (((e))) (d) of this
section, a special election to validate an excess levy or bond issue
may be called at any time to meet the needs resulting from fire, flood,
earthquake, or other act of God, except that no special election may be
held between the first day for candidates to file for public office and
the last day to certify the returns of the general election other than
as provided in subsection (2)(((d))) (c) and (((e))) (d) of this
section. Such special election shall be conducted and notice thereof
given in the manner provided by law.
(5) This section shall supersede the provisions of any and all
other statutes, whether general or special in nature, having different
dates for such city, town, and district elections, the purpose of this
section being to establish mandatory dates for holding elections.
Sec. 10 RCW 29A.04.410 and 2003 c 111 s 146 are each amended to
read as follows:
Every city, town, and district is liable for its proportionate
share of the costs when such elections are held in conjunction with
other elections held under RCW ((29A.04.320)) 29A.04.321 and
29A.04.330.
Whenever any city, town, or district holds any primary or election,
general or special, on an isolated date, all costs of such elections
must be borne by the city, town, or district concerned.
The purpose of this section is to clearly establish that the county
is not responsible for any costs involved in the holding of any city,
town, or district election.
In recovering such election expenses, including a reasonable pro-ration of administrative costs, the county auditor shall certify the
cost to the county treasurer with a copy to the clerk or auditor of the
city, town, or district concerned. Upon receipt of such certification,
the county treasurer shall make the transfer from any available and
appropriate city, town, or district funds to the county current expense
fund or to the county election reserve fund if such a fund is
established. Each city, town, or district must be promptly notified by
the county treasurer whenever such transfer has been completed.
However, in those districts wherein a treasurer, other than the county
treasurer, has been appointed such transfer procedure does not apply,
but the district shall promptly issue its warrant for payment of
election costs.
Sec. 11 RCW 29A.04.420 and 2003 c 111 s 147 are each amended to
read as follows:
(1) Whenever state officers or measures are voted upon at a state
primary or general election held in an odd-numbered year under RCW
((29A.04.320)) 29A.04.321, the state of Washington shall assume a
prorated share of the costs of that state primary or general election.
(2) Whenever a primary or vacancy election is held to fill a
vacancy in the position of United States senator or United States
representative under chapter 29A.28 RCW, the state of Washington shall
assume a prorated share of the costs of that primary or vacancy
election.
(3) The county auditor shall apportion the state's share of these
expenses when prorating election costs under RCW 29A.04.410 and shall
file such expense claims with the secretary of state.
(4) The secretary of state shall include in his or her biennial
budget requests sufficient funds to carry out this section.
Reimbursements for election costs shall be from appropriations
specifically provided by law for that purpose.
Sec. 12 RCW 29A.08.020 and 2004 c 267 s 103 are each amended to
read as follows:
The definitions set forth in this section apply throughout this
chapter, unless the context clearly requires otherwise.
(1) "By mail" means delivery of a completed original voter
registration application by mail to a county auditor or the office of
the secretary of state.
(2) For voter registration applicants, "date of mailing" means the
date of the postal cancellation on the voter registration application.
This date will also be used as the date of application for the purpose
of meeting the registration cutoff deadline. If the postal
cancellation date is illegible then the date of receipt by the
elections official is considered the date of application. If an
application is received by ((the elections official)) a county auditor
or the office of the secretary of state by the close of business on the
fifth day after the cutoff date for voter registration and the postal
cancellation date is illegible, the application will be considered to
have arrived by the cutoff date for voter registration.
Sec. 13 RCW 29A.08.220 and 2004 c 267 s 115 are each amended to
read as follows:
(1) The secretary of state shall specify by rule the format of all
voter registration applications. These applications shall be
compatible with existing voter registration records. An applicant for
voter registration shall be required to complete only one application
and to provide the required information other than his or her signature
no more than one time. These applications shall also contain
information for the voter to ((transfer)) update his or her
registration.
(2) Any application format specified by the secretary for use in
registering to vote in state and local elections shall satisfy the
requirements of the National Voter Registration Act of 1993 (P.L. 103-31) and the Help America Vote Act of 2002 (P.L. 107-252) for
registering to vote in federal elections.
(((2) All registration applications required under RCW 29A.08.210
and 29A.08.340 shall be produced and furnished by the secretary of
state to the county auditors and the department of licensing.))
Sec. 14 RCW 29A.08.230 and 2009 c 369 s 17 are each amended to
read as follows:
For all voter registrations, the registrant shall sign the
following oath:
"I declare that the facts on this voter registration form are true.
I am a citizen of the United States, ((I am not presently denied the
right to vote as a result of being convicted of a felony,)) I will have
lived ((in)) at this address in Washington ((at this address)) for at
least thirty days immediately before the next election at which I vote,
((and)) I will be at least eighteen years old when I vote, I am not
disqualified from voting due to a court order, and I am not under
department of corrections supervision for a Washington felony
conviction."
Sec. 15 RCW 29A.08.260 and 2009 c 369 s 18 are each amended to
read as follows:
(1) All registration applications required under RCW 29A.08.210 and
29A.08.340 shall be produced and furnished by the secretary of state to
the county auditors and the department of licensing.
(2) The county auditor shall distribute forms by which a person may
register to vote by mail and transfer any previous registration in this
state. The county auditor shall keep a supply of voter registration
forms in his or her office at all times for political parties and
others interested in assisting in voter registration, and shall make
every effort to make these forms generally available to the public.
The county auditor shall provide voter registration forms to city and
town clerks, state offices, schools, fire stations, public libraries,
and any other locations considered appropriate by the auditor or
secretary of state for extending registration opportunities to all
areas of the county. After the initial distribution of voter
registration forms to a given location, a representative designated by
the official in charge of that location shall notify the county auditor
of the need for additional voter registration supplies.
Sec. 16 RCW 29A.08.330 and 2009 c 369 s 20 are each amended to
read as follows:
(1) The secretary of state shall prescribe the method of voter
registration for each designated agency. The agency shall use either
the state voter registration by mail form with a separate declination
form for the applicant to indicate that he or she declines to register
at this time, or the agency may use a separate form approved for use by
the secretary of state.
(2) The person providing service at the agency shall offer voter
registration services to every client whenever he or she applies for
service or assistance and with each renewal, recertification, or change
of address. The person providing service shall give the applicant the
same level of assistance with the voter registration application as is
offered to fill out the agency's forms and documents, including
information about age and citizenship requirements for voter
registration.
(3) The person providing service at the agency shall determine if
the prospective applicant wants to register to vote or ((transfer))
update his or her voter registration by asking the following question:
"Do you want to register to vote or ((transfer)) update your voter
registration?"
If the applicant chooses to register or ((transfer)) update a
registration, the service agent shall ask the following:
(a) "Are you a United States citizen?"
(b) "Are you or will you be eighteen years of age on or before the
next election?"
If the applicant answers in the affirmative to both questions, the
agent shall then provide the applicant with a voter registration form
and instructions and shall record that the applicant has requested to
register ((to vote or transfer)) or update a voter registration. If
the applicant answers in the negative to either question, the agent
shall not provide the applicant with a voter registration form.
(4) If an agency uses a computerized application process, it may,
in consultation with the secretary of state, develop methods to capture
simultaneously the information required for voter registration during
a person's computerized application process.
(5) Each designated agency shall transmit the applications to the
secretary of state or appropriate county auditor within three business
days.
Sec. 17 RCW 29A.08.340 and 2003 c 111 s 225 are each amended to
read as follows:
(1) A person may register to vote((, transfer a voter registration,
or change his or her name for)) or update his or her voter registration
((purposes)) when he or she applies for or renews a driver's license or
identification card under chapter 46.20 RCW.
(2) To register to vote((, transfer his or her voter registration,
or change his or her name for voter registration purposes under this
section)) or update a registration, the applicant shall provide the
information required by RCW ((29A.08.210)) 29A.08.010.
(3) The driver licensing agent shall record that the applicant has
requested to register to vote or ((transfer)) update a voter
registration.
Sec. 18 RCW 29A.08.350 and 2009 c 369 s 21 are each amended to
read as follows:
The department of licensing shall produce and transmit to the
secretary of state the following information from the records of each
individual who requested a voter registration or ((transfer)) update at
a driver's license facility: The name, address, date of birth, gender
of the applicant, the driver's license number, and the date on which
the application for voter registration or ((transfer)) update was
submitted. The secretary of state shall process the registrations and
((transfers)) updates as an electronic application.
Sec. 19 RCW 29A.08.520 and 2009 c 325 s 1 are each reenacted to
read as follows:
(1) For a felony conviction in a Washington state court, the right
to vote is provisionally restored as long as the person is not under
the authority of the department of corrections. For a felony
conviction in a federal court or any state court other than a
Washington state court, the right to vote is restored as long as the
person is no longer incarcerated.
(2)(a) Once the right to vote has been provisionally restored, the
sentencing court may revoke the provisional restoration of voting
rights if the sentencing court determines that a person has willfully
failed to comply with the terms of his or her order to pay legal
financial obligations.
(b) If the person has failed to make three payments in a
twelve-month period and the county clerk or restitution recipient
requests, the prosecutor shall seek revocation of the provisional
restoration of voting rights from the court.
(c) To the extent practicable, the prosecutor and county clerk
shall inform a restitution recipient of the recipient's right to ask
for the revocation of the provisional restoration of voting rights.
(3) If the court revokes the provisional restoration of voting
rights, the revocation shall remain in effect until, upon motion by the
person whose provisional voting rights have been revoked, the person
shows that he or she has made a good faith effort to pay as defined in
RCW 10.82.090.
(4) The county clerk shall enter into a database maintained by the
administrator for the courts the names of all persons whose provisional
voting rights have been revoked, and update the database for any person
whose voting rights have subsequently been restored pursuant to
subsection (6) of this section.
(5) At least twice a year, the secretary of state shall compare the
list of registered voters to a list of felons who are not eligible to
vote as provided in subsections (1) and (3) of this section. If a
registered voter is not eligible to vote as provided in this section,
the secretary of state or county auditor shall confirm the match
through a date of birth comparison and suspend the voter registration
from the official state voter registration list. The secretary of
state or county auditor shall send to the person at his or her last
known voter registration address and at the department of corrections,
if the person is under the authority of the department, a notice of the
proposed cancellation and an explanation of the requirements for
provisionally and permanently restoring the right to vote and
reregistering. To the extent possible, the secretary of state shall
time the comparison required by this subsection to allow notice and
cancellation of voting rights for ineligible voters prior to a primary
or general election.
(6) The right to vote may be permanently restored by one of the
following for each felony conviction:
(a) A certificate of discharge issued by the sentencing court, as
provided in RCW 9.94A.637;
(b) A court order restoring the right, as provided in RCW 9.92.066;
(c) A final order of discharge issued by the indeterminate sentence
review board, as provided in RCW 9.96.050; or
(d) A certificate of restoration issued by the governor, as
provided in RCW 9.96.020.
(7) For the purposes of this section, a person is under the
authority of the department of corrections if the person is:
(a) Serving a sentence of confinement in the custody of the
department of corrections; or
(b) Subject to community custody as defined in RCW 9.94A.030.
Sec. 20 RCW 29A.08.820 and 2011 c 10 s 21 are each amended to
read as follows:
(1) Challenges ((initiated by a registered voter against a voter
who)) must be filed with the county auditor of the county in which the
challenged voter is registered no later than forty-five days before the
election. The county auditor presides over the hearing.
(2) Only if the challenged voter registered to vote less than sixty
days before the election, or ((who)) changed residence less than sixty
days before the election without transferring his or her registration,
((must)) may a challenge be filed not later than ten days before any
primary or election, general or special, or within ten days of the
voter being added to the voter registration database, whichever is
later((, at the office of the appropriate county auditor. Challenges
initiated by a registered voter or county prosecuting attorney must be
filed not later than forty-five days before the election)).
(((2)))(a) If the challenge is filed within forty-five days before
an election at which the challenged voter is eligible to vote, a
notation of the challenge must be made immediately in the voter
registration system, and the county canvassing board presides over the
hearing.
(b) If the challenge is filed before the challenged voter's ballot
is received, the ballot must be treated as a challenged ballot.
(c) If the challenge is filed after the challenged voter's ballot
is received, the challenge cannot affect the current election.
(((3) If the challenge is filed at least forty-five days before an
election at which the challenged voter is eligible to vote, the county
auditor presides over the hearing.))
Sec. 21 RCW 29A.12.005 and 2004 c 267 s 601 are each amended to
read as follows:
As used in this chapter, "voting system" means:
(1) The total combination of mechanical, electromechanical, or
electronic equipment including, but not limited to, the software,
firmware, and documentation required to program, control, and support
the equipment, that is used:
(a) To define ballots;
(b) To cast and count votes;
(c) To report or display election results from the voting system;
and
(d) To maintain and produce any audit trail information; and
(2) The practices and associated documentation used:
(a) To identify system components and versions of such components;
(b) To test the system during its development and maintenance;
(c) To maintain records of system errors and defects;
(d) To determine specific system changes to be made to a system
after the initial qualification of the system; and
(e) To make available any materials to the voter such as notices,
instructions, forms, or paper ballots.
Sec. 22 RCW 29A.12.080 and 2006 c 207 s 2 are each amended to
read as follows:
No voting device shall be approved by the secretary of state unless
it:
(1) Secures to the voter secrecy in the act of voting;
(2) Permits the voter to vote for any person for any office and
upon any measure that he or she has the right to vote for;
(3) ((Permits the voter to vote for all the candidates of one
party;)) Correctly registers all votes cast for any and all persons
and for or against any and all measures;
(4)
(((5))) (4) Provides that a vote for more than one candidate cannot
be cast by one single operation of the voting device or vote tally
system except when voting for president and vice president of the
United States; and
(((6))) (5) Except for functions or capabilities unique to this
state, has been tested and certified by an independent testing
authority designated by the United States election assistance
commission.
Sec. 23 RCW 29A.12.120 and 2011 c 10 s 24 are each amended to
read as follows:
(1) Before each state primary or general election at which voting
systems are to be used, the county auditor shall instruct all counting
center personnel who will operate a voting system in the proper conduct
of their voting system duties.
(2) The county auditor may waive instructional requirements for
counting center personnel who have previously received instruction and
who have served for a sufficient length of time to be fully qualified
to perform their duties. The county auditor shall keep a record of
each person who has received instruction and is qualified to serve at
the subsequent primary or election.
(3) No person may ((work)) operate a voting system in a counting
center at a primary or election ((at which a vote tallying system is
used)) unless that person has received the required instruction and is
qualified to perform his or her duties in connection with the handling
and tallying of ballots for that primary or election.
Sec. 24 RCW 29A.12.150 and 2003 c 111 s 315 are each amended to
read as follows:
(((1) No voting device or machine may be used in a county with a
population of seventy thousand or more to conduct a primary or general
or special election in this state unless it correctly records on a
separate ballot the votes cast by each elector for any person and for
or against any measure and such separate ballots are available for
audit purposes after such a primary or election.)) The secretary of state shall not certify under this title any
voting device or machine for use in conducting a primary or general or
special election in this state unless the device or machine correctly
records on a separate ballot the votes cast by each elector for any
person and for or against any measure and such separate ballots are
available for audit purposes after such a primary or election.
(2)
Sec. 25 RCW 29A.20.021 and 2004 c 271 s 153 are each amended to
read as follows:
(1) A person filing a declaration of candidacy for an office shall,
at the time of filing, be a registered voter and possess the
qualifications specified by law for persons who may be elected to the
office.
(2) Excluding the office of precinct committee officer or a
temporary elected position such as a charter review board member or
freeholder, no person may file for more than one office.
(3) The name of a candidate for an office shall not appear on a
ballot for that office unless, except for judge of the superior court
and as provided in RCW ((3.46.067 and)) 3.50.057, the candidate is, at
the time the candidate's declaration of candidacy is filed, properly
registered to vote in the geographic area represented by the office.
For the purposes of this section, each geographic area in which
registered voters may cast ballots for an office is represented by that
office. If a person elected to an office must be nominated from a
district or similar division of the geographic area represented by the
office, the name of a candidate for the office shall not appear on a
primary ballot for that office unless the candidate is, at the time the
candidate's declaration of candidacy is filed, properly registered to
vote in that district or division. The officer with whom declarations
of candidacy must be filed under this title shall review each such
declaration filed regarding compliance with this subsection.
(4) The requirements of voter registration and residence within the
geographic area of a district do not apply to candidates for
congressional office. Qualifications for the United States congress
are specified in the United States Constitution.
Sec. 26 RCW 29A.20.111 and 2004 c 271 s 188 are each amended to
read as follows:
A "convention" for the purposes of this chapter, is an organized
assemblage of registered voters representing an independent candidate
or candidates or a new or minor political party, organization, or
principle. ((As used in this chapter, the term "election jurisdiction"
shall mean the state or any political subdivision or jurisdiction of
the state from which partisan officials are elected. This term shall
include county commissioner districts or council districts for members
of a county legislative authority, counties for county officials who
are nominated and elected on a countywide basis, legislative districts
for members of the legislature, congressional districts for members of
Congress, and the state for president and vice president, members of
the United States senate, and state officials who are elected on a
statewide basis.))
Sec. 27 RCW 29A.20.121 and 2006 c 344 s 4 are each amended to
read as follows:
(((1) Any nomination of a candidate for partisan public office by
other than a major political party may be made only: (a) In a
convention held not earlier than the first Saturday in May and not
later than the second Saturday in May or during any of the seven days
immediately preceding the first day for filing declarations of
candidacy as fixed in accordance with RCW 29A.28.041; (b) as provided
by RCW 29A.60.021; or (c) as otherwise provided in this section. Minor
political party and independent candidates may appear only on the
general election ballot.)) Nominations of candidates for president and vice president of
the United States, other than by a major political party, may be made
((
(2)either)) at a convention conducted ((under subsection (1) of this
section, or at a similar convention taking place)) not earlier than the
first Saturday in ((June)) May and not later than the fourth Saturday
in July in the year that president and vice president appear on the
general election ballot. ((Conventions held during this time period
may not nominate candidates for any public office other than president
and vice president of the United States, except as provided in
subsection (3) of this section.)) A minor political party may hold more than one convention but
in no case shall any such party nominate more than one candidate for
((
(3) If a special filing period for a partisan office is opened
under RCW 29A.24.211, candidates of minor political parties and
independent candidates may file for office during that special filing
period. The names of those candidates may not appear on the general
election ballot unless they are nominated by convention held no later
than five days after the close of the special filing period and a
certificate of nomination is filed with the filing officer no later
than three days after the convention. The requirements of RCW
29A.20.131 do not apply to such a convention.
(4)any one partisan public office or position)) president or more than
one candidate for vice president. ((For the purpose of nominating
candidates for the offices of president and vice president, United
States senator, United States representative, or a statewide office,))
To be valid, a convention must be attended by at least one hundred
registered voters, but a minor party or independent candidate holding
multiple conventions may add together the number of signatures of
different individuals from each convention ((obtained in support of the
candidate or candidates)) in order to obtain ((the number required by
RCW 29A.20.141)) and submit to the secretary of state the signatures of
at least one thousand registered voters of the state of Washington.
((For all other offices for which nominations are made, signatures of
the requisite number of registered voters must be obtained at a single
convention.))
Sec. 28 RCW 29A.20.161 and 2004 c 271 s 154 are each amended to
read as follows:
A certificate evidencing nominations made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated, his or her
residence, ((and)) the office for which he or she is named, and ((if
the nomination is for the offices of president and vice president of
the United States,)) a sworn statement from both nominees giving their
consent to the nomination;
(3) Identify the minor political party or the independent candidate
on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing
the signatures and addresses of ((registered voters equal in number to
that required by RCW 29A.20.141)) at least one thousand registered
voters of the state of Washington;
(6) Contain proof of publication of the notice of calling the
convention; and
(7) Be submitted to the ((appropriate filing officer)) secretary of
state not later than ((one week following the adjournment of the
convention at which the nominations were made)) the first Friday of
August. ((If the nominations are made only for offices whose
jurisdiction is entirely within one county, the certificate and
nominating petitions must be filed with the county auditor. If a minor
party or independent candidate convention nominates any candidates for
offices whose jurisdiction encompasses more than one county, all
nominating petitions and the convention certificates must be filed with
the secretary of state.))
Sec. 29 RCW 29A.20.191 and 2004 c 271 s 157 are each amended to
read as follows:
Upon the receipt of the certificate of nomination, the ((officer
with whom it is filed)) secretary of state shall check the certificate
and canvass the signatures on the accompanying nominating petitions to
determine if the requirements of RCW ((29A.20.141)) 29A.20.161 (as
recodified by this act) have been met. Once the determination has been
made, the ((filing officer)) secretary of state shall notify the
presiding officer of the convention and any other persons requesting
the notification, of his or her decision regarding the sufficiency of
the certificate or the nominating petitions. Any appeal regarding the
((filing officer's)) secretary's determination must be filed with the
superior court of ((the)) Thurston county ((in which the certificate or
petitions were filed)) not later than five days from the date the
determination is made, and shall be heard and finally disposed of by
the court within five days of the filing. Nominating petitions shall
not be available for public inspection or copying.
Sec. 30 RCW 29A.24.020 and 2003 c 111 s 602 are each amended to
read as follows:
If at the same election there are short terms or full terms and
unexpired terms of office to be filled, the filing officer shall
distinguish them and designate the short term, the full term, and the
unexpired term, as such, or by use of the words "short term,"
"unexpired two year term," or "four year term," as the case may be.
((In filing the declaration of candidacy in such cases the
candidate shall specify that the candidacy is for the short term, the
full term, or the unexpired term.)) When both a short term and a full
term for the same position are scheduled to be voted upon, or when a
short term is created after the close of the filing period, a single
declaration of candidacy accompanied by a single filing fee shall be
construed as a filing for both the short term and the full term and the
name of such candidate shall appear upon the ballot for the position
sought with the designation "short term and full term." The candidate
elected to both such terms shall be sworn into and assume office for
the short term as soon as the election returns have been certified and
shall again be sworn into office ((on the second Monday in January
following the election to assume office)) for the full term.
Sec. 31 RCW 29A.24.031 and 2004 c 271 s 158 are each amended to
read as follows:
A candidate who desires to have his or her name printed on the
ballot for election to an office other than president of the United
States, vice president of the United States, or an office for which
ownership of property is a prerequisite to voting shall complete and
file a declaration of candidacy. The secretary of state shall adopt,
by rule, a declaration of candidacy form for the office of precinct
committee officer and a separate standard form for candidates for all
other offices filing under this chapter. Included on the standard form
shall be:
(1) A place for the candidate to declare that he or she is a
registered voter within the jurisdiction of the office for which he or
she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for which he
or she is filing;
(3) A place for the candidate to ((indicate a party designation, if
applicable)) state a party preference, if the office is a partisan
office;
(4) A place for the candidate to indicate the amount of the filing
fee accompanying the declaration of candidacy or for the candidate to
indicate that he or she is filing a ((nominating)) filing fee petition
in lieu of the filing fee under RCW 29A.24.091;
(5) A place for the candidate to sign the declaration of candidacy,
stating that the information provided on the form is true and swearing
or affirming that he or she will support the Constitution and laws of
the United States and the Constitution and laws of the state of
Washington.
In the case of a declaration of candidacy filed electronically,
submission of the form constitutes agreement that the information
provided with the filing is true, that he or she will support the
Constitutions and laws of the United States and the state of
Washington, and that he or she agrees to electronic payment of the
filing fee established in RCW 29A.24.091.
The secretary of state may require any other information on the
form he or she deems appropriate to facilitate the filing process.
Sec. 32 RCW 29A.24.101 and 2006 c 206 s 4 are each amended to
read as follows:
(1) The filing fee petition authorized by RCW 29A.24.091 must be
printed on sheets of uniform color and size, must include a place for
each individual to sign and print his or her name and the address,
city, and county at which he or she is registered to vote, and must
contain no more than twenty numbered lines.
(2) ((For candidates for nonpartisan office and candidates of a
major political party for partisan office,)) The filing fee petition
must be in substantially the following form:
The warning prescribed by RCW 29A.72.140; followed by:
We, the undersigned registered voters of (the state of
Washington or the political subdivision for which the nomination is
made) , hereby petition that the name of (candidate's name) be
printed on the official primary ballot for the office of (insert
name of office) .
(((3) For independent candidates and candidates of a minor
political party for partisan office, the filing fee petition must be in
substantially the following form:
The warning prescribed by RCW 29A.72.140; followed by:
We, the undersigned registered voters of (the state of
Washington or the political subdivision for which the nomination is
made) , hereby petition that the name of (candidate's name) be
printed on the official general election ballot for the office of
(insert name of office) .
Sec. 33 RCW 29A.24.320 and 2003 c 111 s 623 are each amended to
read as follows:
The secretary of state shall notify each county auditor of any
declarations filed with the secretary under RCW ((29A.24.310))
29A.24.311 for offices appearing on the ballot in that county. The
county auditor shall ensure that those persons charged with counting
the ballots for a primary or election are notified of all valid write-in candidates before the tabulation of those ballots.
Sec. 34 RCW 29A.28.041 and 2011 c 349 s 14 are each amended to
read as follows:
(1) Whenever a vacancy occurs in the United States house of
representatives or the United States senate from this state, the
governor shall order a special election to fill the vacancy. ((Minor
political party candidates and independent candidates may be nominated
through the convention procedures provided in chapter 29A.20 RCW.))
(2) Within ten days of such vacancy occurring, he or she shall
issue a writ of election fixing a date for the primary at least seventy
days after issuance of the writ, and fixing a date for the election at
least seventy days after the date of the primary. If the vacancy is in
the office of United States representative, the writ of election shall
specify the congressional district that is vacant.
(3) If the vacancy occurs less than eight months before a ((state))
general election and before the close of the filing period for that
general election, the special primary((,)) and special vacancy
election((, and minor party and independent candidate nominating
conventions)) must be held in concert with the state primary and
((state)) general election in that year.
(4) If the vacancy occurs on or after the first day for filing
under RCW 29A.24.050 and on or before the close of the filing period,
a special filing period of three normal business days shall be fixed
((by the governor)) and notice thereof given to all media, including
press, radio, and television within the area in which the vacancy
election is to be held, to the end that, insofar as possible, all
interested persons will be aware of such filing period. ((The names of
major political party candidates who have filed valid declarations of
candidacy during this three-day period shall appear on the approaching
primary ballot. The requirements of RCW 29A.20.131 do not apply to a
minor political party or independent candidate convention held under
this subsection.))
(5) If the vacancy occurs later than the close of the filing
period, a special primary and vacancy election to fill the position
shall be held after the next ((state)) general election but, in any
event, no later than the ninetieth day following the ((November))
general election.
Sec. 35 RCW 29A.28.050 and 2003 c 111 s 705 are each amended to
read as follows:
After calling a special primary and special vacancy election to
fill a vacancy in the United States house of representatives or the
United States senate from this state, the governor shall immediately
notify the secretary of state who shall, in turn, immediately notify
the county auditor of each county wholly or partly within which the
vacancy exists.
Each county auditor shall publish notices of the special primary
and the special vacancy election at least once in any legal newspaper
published in the county, as provided by RCW ((29A.52.310 and 29A.52.350
respectively)) 29A.52.355.
Sec. 36 RCW 29A.28.061 and 2011 c 10 s 28 are each amended to
read as follows:
The general election laws and laws relating to partisan primaries
shall apply to the special primaries and vacancy elections provided for
in chapter 29A.28 RCW to the extent that they are not inconsistent with
the provisions of these sections. ((Minor political party and
independent candidates may appear only on the general election
ballot.)) Statutory time deadlines relating to availability of
ballots, certification, canvassing, and related procedures that cannot
be met in a timely fashion may be modified for the purposes of a
specific primary or vacancy election under this chapter by the
secretary of state through emergency rules adopted under RCW
29A.04.611.
Sec. 37 RCW 29A.32.100 and 2003 c 111 s 810 are each amended to
read as follows:
(1) An argument or statement submitted to the secretary of state
for publication in the voters' pamphlet is not available for public
inspection or copying until:
(a) In the case of candidate statements, (i) all statements by all
candidates who have filed for a particular office have been received,
except those who informed the secretary that they will not submit
statements, or (ii) the deadline for submission of statements has
elapsed;
(b) In the case of arguments supporting or opposing a measure, (i)
the arguments on both sides have been received, unless a committee was
not appointed for one side, or (ii) the deadline for submission of
arguments has elapsed; and
(c) In the case of rebuttal arguments, (i) the rebuttals on both
sides have been received, unless a committee was not appointed for one
side, or (ii) the deadline for submission of arguments has elapsed.
(2) Nothing in this section prohibits the secretary from releasing
information under RCW 29A.32.090(((2)(d))).
Sec. 38 RCW 29A.32.210 and 2003 c 111 s 813 are each amended to
read as follows:
At least ninety days before any primary or general election, or at
least forty days before any special election held under RCW
((29A.04.320)) 29A.04.321 or 29A.04.330, the legislative authority of
any county or first-class or code city may adopt an ordinance
authorizing the publication and distribution of a local voters'
pamphlet. The pamphlet shall provide information on all measures
within that jurisdiction and may, if specified in the ordinance,
include information on candidates within that jurisdiction. If both a
county and a first-class or code city within that county authorize a
local voters' pamphlet for the same election, the pamphlet shall be
produced jointly by the county and the first-class or code city. If no
agreement can be reached between the county and first-class or code
city, the county and first-class or code city may each produce a
pamphlet. Any ordinance adopted authorizing a local voters' pamphlet
may be for a specific primary, special election, or general election or
for any future primaries or elections. The format of any local voters'
pamphlet shall, whenever applicable, comply with the provisions of this
chapter regarding the publication of the state candidates' and voters'
pamphlets.
Sec. 39 RCW 29A.36.010 and 2011 c 349 s 15 are each amended to
read as follows:
Not later than the Tuesday following the regular filing period, the
secretary of state shall certify to each county auditor a list of the
candidates who have filed declarations of candidacy in his or her
office for the primary. For each office, the certificate shall include
the name of each candidate, his or her address, and his or her party
preference ((or independent designation as shown)) , if any, provided
on filed declarations.
Sec. 40 RCW 29A.36.060 and 2003 c 111 s 906 are each amended to
read as follows:
If any persons are dissatisfied with the ballot title for a
proposed constitution((,)) or constitutional amendment((, or question
submitted under RCW 29A.36.050)), they may at any time within ten days
from the time of the filing of the ballot title and summary, not
including Saturdays, Sundays, or legal holidays, appeal to the superior
court of Thurston county by petition setting forth the measure, the
ballot title objected to, their objections to it, and praying for
amendment of the ballot title. The time of the filing of the ballot
title, as used in this section for establishing the time for appeal, is
the time the ballot title is first filed with the secretary of state.
A copy of the petition on appeal together with a notice that an
appeal has been taken must be served upon the secretary of state, the
attorney general, the chief clerk of the house of representatives, and
the secretary of the senate. Upon the filing of the petition on
appeal, the court shall immediately, or at the time to which a hearing
may be adjourned by consent of the appellants, examine the proposed
measure, the ballot title filed, and the objections to it and may hear
arguments on it, and shall as soon as possible render its decision and
certify to and file with the secretary of state a ballot title that it
determines will meet the requirements of this chapter. The decision of
the superior court is final, and the ballot title so certified will be
the established ballot title. The appeal must be heard without cost to
either party.
Sec. 41 RCW 29A.36.101 and 2004 c 271 s 125 are each amended to
read as follows:
Except for the candidates for ((the positions of)) president and
vice president, or for a partisan or nonpartisan office for which no
primary is required, ((or for independent or minor party candidates,))
the names of all candidates who, under this title, filed a declaration
of candidacy ((or were certified as a candidate to fill a vacancy on a
major party ticket will)) must appear on the appropriate ballot at the
primary throughout the jurisdiction ((in which they are to be
nominated)) for which they filed.
Sec. 42 RCW 29A.36.121 and 2004 c 271 s 129 are each amended to
read as follows:
(1)(((a))) The positions or offices on a primary consolidated
ballot shall be arranged in substantially the following order: United
States senator; United States representative; governor; lieutenant
governor; secretary of state; state treasurer; state auditor; attorney
general; commissioner of public lands; superintendent of public
instruction; insurance commissioner; state senator; state
representative; county officers; justices of the supreme court; judges
of the court of appeals; judges of the superior court; and judges of
the district court. For all other jurisdictions on the primary
((consolidated)) ballot, the offices in each jurisdiction shall be
grouped together and be in the order of the position numbers assigned
to those offices, if any.
(((b)(i) The positions or offices on a primary party ballot must be
arranged in substantially the following order: United States senator;
United States representative; governor; lieutenant governor; secretary
of state; state treasurer; state auditor; attorney general;
commissioner of public lands; insurance commissioner; state senator;
state representative; and partisan county officers. For all other
jurisdictions on the primary party ballot, the offices in each
jurisdiction must be grouped together and be in the order of the
position numbers assigned to those offices, if any.))
(ii) The positions or offices on a primary nonpartisan ballot must
be arranged in substantially the following order: Superintendent of
public instruction; justices of the supreme court; judges of the court
of appeals; judges of the superior court; and judges of the district
court. For all other jurisdictions on the primary nonpartisan ballot,
the offices in each jurisdiction must be grouped together and be in the
order of the position numbers assigned to those offices, if any.
(2) The order of the positions or offices on ((an)) a general
election ballot shall be substantially the same as on a primary
((consolidated)) ballot except that state ballot issues must be placed
before all offices. The offices of president and vice president of the
United States shall precede all other offices on a presidential
election ballot. The positions on a ballot to be assigned to ballot
measures regarding local units of government shall be established by
the secretary of state by rule.
(((3) The political party or independent candidacy of each
candidate for partisan office shall be indicated next to the name of
the candidate on the primary and election ballot. A candidate shall
file a written notice with the filing officer within three business
days after the close of the filing period designating the political
party to be indicated next to the candidate's name on the ballot if
either: (a) The candidate has been nominated by two or more minor
political parties or independent conventions; or (b) the candidate has
both filed a declaration of candidacy declaring an affiliation with a
major political party and been nominated by a minor political party or
independent convention. If no written notice is filed the filing
officer shall give effect to the party designation shown upon the first
document filed. A candidate may be deemed nominated by a minor party
or independent convention only if all documentation required by chapter
29A.20 RCW has been timely filed.))
Sec. 43 RCW 29A.36.131 and 2011 c 10 s 32 are each amended to
read as follows:
After the close of business on the last day for candidates to file
for office, the filing officer shall((, from among those filings made
in person and by mail,)) determine by lot the order in which the names
of those candidates will appear on all ballots. The determination
shall be done publicly and may be witnessed by the media and by any
candidate. If no primary is required ((for any nonpartisan office
under RCW 29A.52.011 or 29A.52.220, or if any independent or minor
party candidate files a declaration of candidacy)), the names shall
appear on the general election ballot in the order determined by lot.
Sec. 44 RCW 29A.36.161 and 2011 c 10 s 33 are each amended to
read as follows:
(1) On the top of each ballot must be printed clear and concise
instructions directing the voter how to mark the ballot, including
write-in votes. ((On the top of each primary ballot must be printed
the instructions required by this chapter.))
(2) The ballot must have a clear delineation between the ballot
instructions and the first ballot measure or office through the use of
white space, illustration, shading, color, symbol, font size, or bold
type. The secretary of state shall establish standards for ballot
design and layout consistent with this section and RCW 29A.04.611.
(3) The questions of adopting constitutional amendments or any
other state measure authorized by law to be submitted to the voters at
that election must appear after the instructions and before any
offices.
(4) In a year that president and vice president appear on the
general election ballot, the names of candidates for president and vice
president for each political party must be grouped together with a
single response position for a voter to indicate his or her choice.
(((5) On a general election ballot, the candidate or candidates
of)) The major political party that received the highest number of
votes from the electors of this state for the office of president of
the United States at the last presidential election must appear first
((following the appropriate office heading. The candidate or
candidates of the)). Other major political parties ((will)) must
follow according to the votes cast for their nominees for president at
the last presidential election((, and)). Independent candidates and
((the candidate or candidates of all other)) minor parties ((will))
must follow major parties and be listed in the order of their
qualification with the secretary of state.
Sec. 45 RCW 29A.36.170 and 2005 c 2 s 6 are each reenacted and
amended to read as follows:
(1) For any office for which a primary was held, only the names of
the top two candidates will appear on the general election ballot; the
name of the candidate who received the greatest number of votes will
appear first and the candidate who received the next greatest number of
votes will appear second. No candidate's name may be printed on the
subsequent general election ballot unless he or she receives at least
one percent of the total votes cast for that office at the preceding
primary, if a primary was conducted. On the ballot at the general
election for an office for which no primary was held, the names of the
candidates shall be listed in the order determined under RCW
((29A.36.130)) 29A.36.131.
(2) For the office of justice of the supreme court, judge of the
court of appeals, judge of the superior court, judge of the district
court, or state superintendent of public instruction, if a candidate in
a contested primary receives a majority of all the votes cast for that
office or position, only the name of that candidate may be printed for
that position on the ballot at the general election.
Sec. 46 RCW 29A.36.201 and 2004 c 271 s 171 are each amended to
read as follows:
The names of ((the persons)) candidates certified ((as nominees))
by the secretary of state or the county canvassing board as qualified
to appear on the general election shall be printed on the general
election ballot ((at the ensuing election)).
If a primary for an office was held, no name of any candidate
((whose nomination at a primary is required by law)) shall be placed
upon the ballot at a general or special election unless it appears upon
the certificate of either (1) the secretary of state, or (2) the county
canvassing board((, or (3) a minor party convention or the state or
county central committee of a major political party to fill a vacancy
on its ticket under RCW 29A.28.021)).
Excluding the office of precinct committee officer or a temporary
elected position such as a charter review board member or freeholder,
a candidate's name shall not appear on a ballot more than once ((upon
a ballot for a position regularly nominated or elected at the same
election)).
Sec. 47 RCW 29A.40.010 and 2011 c 10 s 35 are each amended to
read as follows:
Each active registered voter of the state, overseas voter, and
service voter shall automatically be issued a mail ballot for each
general election, special election, or primary. Overseas voters and
service voters are authorized to cast the same ballots, including those
for special elections, as a registered voter of the state would receive
under this chapter. Each active registered voter shall continue to
receive a ballot by mail until the death or disqualification of the
voter, cancellation of the voter's registration, or placing the voter
on inactive status.
Sec. 48 RCW 29A.40.070 and 2011 c 349 s 16 and 2011 c 10 s 38 are
each reenacted and amended to read as follows:
(1) Except where a recount or litigation is pending, the county
auditor must mail ballots to each voter at least eighteen days before
each primary or election, and as soon as possible for all subsequent
registration changes.
(2) Except where a recount or litigation is pending, the county
auditor must mail ballots to each service and overseas voter at least
thirty days before each ((primary election or)) special election, and
at least forty-five days before each primary or general election, or
any special election that involves federal office. A request for a
ballot made by an overseas or service voter after that day must be
processed immediately.
(3) A registered voter may obtain a replacement ballot if the
ballot is destroyed, spoiled, lost, or not received by the voter. The
voter may obtain the ballot by telephone request, by mail,
electronically, or in person. The county auditor shall keep a record
of each request for a replacement ballot.
(4) Each county auditor shall certify to the office of the
secretary of state the dates the ballots were mailed, or the reason and
date the ballots will be mailed if the ballots were not mailed timely.
(5) Failure to mail ballots as prescribed in this section does not
by itself provide a basis for an election contest or other legal
challenge to the results of a primary, general election, or special
election.
Sec. 49 RCW 29A.40.091 and 2011 c 349 s 17, 2011 c 348 s 3, 2011
c 182 s 1, and 2011 c 10 s 39 are each reenacted and amended to read as
follows:
(1) The county auditor shall send each voter a ballot, a security
envelope in which to conceal the ballot after voting, a larger envelope
in which to return the security envelope, a declaration that the voter
must sign, and instructions on how to obtain information about the
election, how to mark the ballot, and how to return the ballot to the
county auditor.
(2) The voter must swear under penalty of perjury that he or she
meets the qualifications to vote, and has not voted in any other
jurisdiction at this election. The declaration must clearly inform the
voter that it is illegal to vote if he or she is not a United States
citizen; it is illegal to vote if he or she has been convicted of a
felony and has not had his or her voting rights restored; and it is
illegal to cast a ballot or sign a ((return envelope)) ballot
declaration on behalf of another voter. The ballot materials must
provide space for the voter ((must)) to sign the declaration, indicate
the date on which the ballot was voted, and ((sign the declaration.
The ballot materials must also contain a space so that the voter may))
include a telephone number.
(3) For overseas and service voters, the signed declaration ((on
the return envelope)) constitutes the equivalent of a voter
registration ((for the election or primary for which the ballot has
been issued)). Return envelopes for overseas and service voters must
enable the ballot to be returned postage free if mailed through the
United States postal service, United States armed forces postal
service, or the postal service of a United States foreign embassy under
39 U.S.C. 3406.
(4) The voter must be instructed to either return the ballot to the
county auditor no later than 8:00 p.m. the day of the election or
primary, or mail the ballot to the county auditor with a postmark no
later than the day of the election or primary. Service and overseas
voters must be provided with instructions and a ((secrecy cover))
privacy sheet for returning the ballot and signed declaration by fax or
e-mail. A voted ballot and signed declaration returned by fax or e-mail must be received by 8:00 p.m. on the day of the election or
primary.
Sec. 50 RCW 29A.52.112 and 2005 c 2 s 7 are each amended to read
as follows:
(1) A primary is a first stage in the public process by which
voters elect candidates to public office.
(2) Whenever candidates for a partisan office are to be elected,
the general election must be preceded by a primary conducted under this
chapter. Based upon votes cast at the primary, the top two candidates
will be certified as qualified to appear on the general election
ballot, unless only one candidate qualifies as provided in RCW
29A.36.170.
(3) For partisan office, if a candidate has expressed a party ((or
independent)) preference on the declaration of candidacy, then that
preference will be shown after the name of the candidate on the primary
and general election ballots ((by appropriate abbreviation)) as set
forth in rules of the secretary of state. A candidate may choose to
express no party ((or independent)) preference. Any party ((or
independent)) preferences are shown for the information of voters only
and may in no way limit the options available to voters.
Sec. 51 RCW 29A.52.210 and 2003 c 111 s 1305 are each amended to
read as follows:
All city and town primaries shall be nonpartisan. Primaries for
special purpose districts, except those districts that require
ownership of property within the district as a prerequisite to voting,
shall be nonpartisan. City, town, and district primaries shall be held
as provided in RCW ((29A.04.310)) 29A.04.311.
The purpose of this section is to establish the holding of a
primary, subject to the exemptions in RCW 29A.52.220, as a uniform
procedural requirement to the holding of city, town, and district
elections. These provisions supersede any and all other statutes,
whether general or special in nature, having different election
requirements.
Sec. 52 RCW 29A.52.321 and 2004 c 271 s 146 are each amended to
read as follows:
No later than the day following the certification of the returns of
any primary, the secretary of state shall certify to the appropriate
county auditors the names of all ((persons nominated for offices at a
primary, or at an independent candidate or minor party convention))
candidates qualified to appear on the general election ballot.
Sec. 53 RCW 29A.52.355 and 2011 c 10 s 45 are each amended to
read as follows:
(1) Notice for any state, county, district, or municipal primary or
election, whether special or general, must be given by the county
auditor between five and fifteen days prior to the deadline for mail-in
registrations. The notice must be published in one or more newspapers
of general circulation and must contain, at a minimum, the last date to
register online or through the mail, the last date to transfer or
update an existing registration, the last date to register in person
for first-time voters, information on where a person can register, the
type of election, the date of the election, how a voter can obtain a
ballot, a list of all jurisdictions involved in the election, including
positions and short titles for ballot measures appearing on the ballot,
and the times and dates of any public meetings associated with the
election. The notice shall also include where additional information
regarding the election may be obtained. The notice of a primary held
in an even-numbered year must indicate that the office of precinct
committee officer is on the ballot. This is the only notice required
for a state, county, district, or municipal primary or special or
general election.
(2) If the county or city chooses to mail a local voters' pamphlet
as described in RCW 29A.32.210 to each residence, the notice required
in this section need only include the last date to register online or
through the mail, the last date to transfer or update an existing
registration, the last date to register in person for first-time
voters, information on where a person can register, and the times and
dates of any public meetings associated with the election.
Sec. 54 RCW 29A.56.040 and 2007 c 385 s 1 are each amended to
read as follows:
(1) Except where necessary to accommodate the national or state
rules of a major political party or where this chapter specifically
provides otherwise, the presidential primary must be conducted in
substantially the same manner as a state ((partisan)) primary under
this title.
(2) ((Except as provided under this chapter or by rule of the
secretary of state adopted under RCW 29A.04.620,)) The arrangement and
form of presidential primary ballots must be ((consistent with RCW
29A.52.151)) established by administrative rule adopted under RCW
29A.04.620. Only the candidates who have qualified under RCW
29A.56.030 may appear on the ballots.
(3) Each party's ballot or portion of the ballot must list
alphabetically the names of all candidates for the office of president.
The ballot must clearly indicate the political party of each candidate.
Each ballot must include a blank space to allow the voter to write in
the name of any other candidate.
(4) A presidential primary ballot with votes for more than one
candidate is void, and notice to this effect, stated in clear, simple
language and printed in large type, must appear on the face of each
presidential primary ballot or on or about each voting device.
Sec. 55 RCW 29A.56.210 and 2003 c 111 s 1417 are each amended to
read as follows:
If, at the conclusion of the verification and canvass, it is found
that a petition for recall bears the required number of signatures of
certified legal voters, the officer with whom the petition is filed
shall promptly certify the petitions as sufficient and fix a date for
the special election to determine whether or not the officer charged
shall be recalled and discharged from office. The special election
shall be held not less than forty-five nor more than ((sixty)) ninety
days from the certification and, whenever possible, on one of the dates
provided in RCW 29A.04.330, but no recall election may be held between
the date of the primary and the date of the general election in any
calendar year. Notice shall be given in the manner as required by law
for special elections in the state or in the political subdivision, as
the case may be.
Sec. 56 RCW 29A.56.320 and 2009 c 264 s 3 are each amended to
read as follows:
In the year in which a presidential election is held, each major
political party and each minor political party or independent candidate
convention ((held under chapter 29A.20 RCW)) that nominates candidates
for president and vice president of the United States shall nominate
presidential electors for this state. The party or convention shall
file with the secretary of state a certificate signed by the presiding
officer of the convention at which the presidential electors were
chosen, listing the names and addresses of the presidential electors.
Each presidential elector shall execute and file with the secretary of
state a pledge that, as an elector, he or she will vote for the
candidates nominated by that party. The names of presidential electors
shall not appear on the ballots. The votes cast for candidates for
president and vice president of each political party shall be counted
for the candidates for presidential electors of that political party;
however, if the interstate compact entitled the "agreement among the
states to elect the president by national popular vote," as set forth
in RCW 29A.56.300, governs the appointment of the presidential electors
for a presidential election as provided in clause 9 of Article III of
that compact, then the final appointment of presidential electors for
that presidential election shall be in accordance with that compact.
Sec. 57 RCW 29A.56.360 and 2003 c 111 s 1429 are each amended to
read as follows:
In a year in which the president and vice president of the United
States are to be elected, the secretary of state shall include in the
certification prepared under RCW ((29A.52.320)) 29A.52.321 the names of
all candidates for president and vice president who, ((at least fifty
days before the general election)) no later than the third Tuesday of
August, have certified a slate of electors to the secretary of state
under RCW 29A.56.320 and have been nominated either (1) by a major
political party, as certified by the appropriate authority under party
rules, or (2) by a minor party or as independent candidates ((under
chapter 29A.20 RCW)). Major or minor political parties or independent
presidential candidates may substitute a different candidate for vice
president for the one whose name appears on the party's certification
or nominating petition at any time before ((forty-five)) seventy-five
days before the general election, by certifying the change to the
secretary of state. Substitutions must not be permitted to delay the
printing of either ballots or a voters' pamphlet. Substitutions are
valid only if submitted under oath and signed by the same individual
who originally certified the nomination, or his or her documented
successor, and only if the substitute candidate consents in writing.
Sec. 58 RCW 29A.56.490 and 2011 c 10 s 46 are each amended to
read as follows:
The election officials shall count and determine the number of
votes cast for each individual; and shall also count and determine the
aggregate number of votes cast for all candidates whose names appear
under each of the respective headings. Where more than the required
number have been voted for, the ballot must be rejected. The vote must
be canvassed in each county by the county canvassing board, and
certificate of results must ((within fifteen days after the election))
be transmitted to the secretary of state. Upon receiving the
certificate, the secretary of state may require precinct returns from
any county to be forwarded for the secretary's examination.
Where a district embraces precincts of more than one county, the
secretary of state shall combine the votes from all the precincts
included in each district. The delegates elected in each district will
be the number of candidates corresponding to the number of state
representatives from the district, who receive the highest number of
votes in the group (either "for" or "against") that received an
aggregate number of votes for all candidates in the group greater than
the aggregate number of votes for all the candidates in the other
group. The secretary of state shall issue certificates of election to
the delegates so elected.
Sec. 59 RCW 29A.60.010 and 2003 c 111 s 1501 are each amended to
read as follows:
All elections, whether special or general, held under RCW
((29A.04.320)) 29A.04.321 and 29A.04.330 must be conducted by the
county auditor as ex officio county supervisor of elections and, except
as provided in RCW 29A.60.240, the returns canvassed by the county
canvassing board.
Sec. 60 RCW 29A.60.060 and 2011 c 10 s 49 are each amended to
read as follows:
After the close of ((the)) voting ((center)) at 8:00 p.m., the
county auditor must directly load the results from any direct recording
electronic memory pack into the central accumulator.
Sec. 61 RCW 29A.60.110 and 2011 c 10 s 50 are each amended to
read as follows:
Immediately after their tabulation, all ballots counted at a ballot
counting center must be sealed in containers that identify the primary
or election and be retained for at least sixty days or according to
federal law, whichever is longer.
In the presence of major party observers who are available, ballots
may be removed from the sealed containers at the elections department
and consolidated into one sealed container for storage purposes. The
containers may only be opened by the canvassing board as part of the
canvass, ((or)) to conduct recounts, ((or under RCW 29A.60.170(3))) to
conduct a random check under RCW 29A.60.170, or by order of the
superior court in a contest or election dispute. If the canvassing
board opens a ballot container, it shall make a full record of the
additional tabulation or examination made of the ballots. This record
must be added to any other record of the canvassing process in that
county.
Sec. 62 RCW 29A.60.160 and 2011 c 10 s 53 are each amended to
read as follows:
(1) The county auditor, as delegated by the county canvassing
board, shall process ballots and canvass the votes cast at that primary
or election on a daily basis in counties with a population of seventy-five thousand or more, or at least every third day for counties with a
population of less than seventy-five thousand, if the county auditor is
in possession of more than five hundred ballots that have yet to be
canvassed.
(2) Saturdays, Sundays, and legal holidays are not counted for
purposes of this section.
(3) In order to protect the secrecy of a ballot, the county auditor
may use discretion to decide when to process ((absentee)) ballots and
canvass the votes.
(4) Tabulation results must be made available to the public
immediately upon completion of the canvass.
Sec. 63 RCW 29A.60.165 and 2011 c 10 s 54 are each amended to
read as follows:
(1) If the voter neglects to sign the ballot declaration, the
auditor shall notify the voter by first-class mail and advise the voter
of the correct procedures for completing the unsigned declaration. If
the ballot is received within three business days of the final meeting
of the canvassing board, or the voter has been notified by first-class
mail and has not responded at least three business days before the
final meeting of the canvassing board, then the auditor shall attempt
to notify the voter by telephone, using the voter registration record
information.
(2)(a) If the handwriting of the signature on a ballot declaration
is not the same as the handwriting of the signature on the registration
file, the auditor shall notify the voter by first-class mail, enclosing
a copy of the declaration, and advise the voter of the correct
procedures for updating his or her signature on the voter registration
file. If the ballot is received within three business days of the
final meeting of the canvassing board, or the voter has been notified
by first-class mail and has not responded at least three business days
before the final meeting of the canvassing board, then the auditor
shall attempt to notify the voter by telephone, using the voter
registration record information.
(b) If the signature on a ballot declaration is not the same as the
signature on the registration file because the name is different, the
ballot may be counted as long as the handwriting is clearly the same.
The auditor shall send the voter a change-of-name form under RCW
29A.08.440 and direct the voter to complete the form.
(c) If the signature on a ballot declaration is not the same as the
signature on the registration file because the voter used initials or
a common nickname, the ballot may be counted as long as the surname and
handwriting are clearly the same.
(3) A voter may not cure a missing or mismatched signature for
purposes of counting the ballot in a recount.
(4) A record must be kept of all ballots with missing and
mismatched signatures. The record must contain the date on which the
voter was contacted or the notice was mailed, as well as the date on
which the voter ((signed the envelope, a copy of the envelope, a new
registration form, or a change-of-name form)) submitted updated
information. That record is a public record under chapter 42.56 RCW
and may be disclosed to interested parties on written request.
Sec. 64 RCW 29A.60.240 and 2011 c 349 s 22 are each amended to
read as follows:
The secretary of state shall, as soon as possible but in any event
not later than seventeen days following the primary, canvass and
certify the returns of all primary elections as to candidates for
statewide offices, United States senators and representatives in
Congress, and all ((other)) legislative and judicial candidates whose
district extends beyond the limits of a single county.
Sec. 65 RCW 29A.60.250 and 2005 c 243 s 18 are each amended to
read as follows:
As soon as the returns have been received from all the counties of
the state, but not later than the thirtieth day after the election, the
secretary of state shall canvass and certify the returns of the general
election as to candidates for statewide offices, the United States
senate, congress, and all ((other)) legislative and judicial candidates
whose districts extend beyond the limits of a single county. The
secretary of state shall transmit a copy of the certification to the
governor, president of the senate, and speaker of the house of
representatives.
Sec. 66 RCW 29A.64.021 and 2005 c 243 s 19 are each amended to
read as follows:
(1) If the official canvass of all of the returns for any office at
any primary or election reveals that the difference in the number of
votes cast for a candidate apparently ((nominated)) qualified for the
general election ballot or elected to any office, and the number of
votes cast for the closest apparently defeated opponent is less than
two thousand votes and also less than one-half of one percent of the
total number of votes cast for both candidates, the county canvassing
board shall conduct a recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of votes cast
for candidates for a position the declaration of candidacy for which
was filed with the secretary of state, the secretary of state shall,
within three business days of the day that the returns of the primary
or election are first certified by the canvassing boards of those
counties, direct those boards to recount all votes cast on the
position.
(b)(i) For statewide elections, if the difference in the number of
votes cast for the apparent winner and the closest apparently defeated
opponent is less than one thousand votes and also less than one-fourth
of one percent of the total number of votes cast for both candidates,
the votes shall be recounted manually or as provided in subsection (3)
of this section.
(ii) For elections not included in (b)(i) of this subsection, if
the difference in the number of votes cast for the apparent winner and
the closest apparently defeated opponent is less than one hundred fifty
votes and also less than one-fourth of one percent of the total number
of votes cast for both candidates, the votes shall be recounted
manually or as provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided
by RCW 29A.64.030, 29A.64.041, and 29A.64.061. No cost of a mandatory
recount may be charged to any candidate.
(3) The apparent winner and closest apparently defeated opponent
for an office for which a manual recount is required under subsection
(1)(b) of this section may select an alternative method of conducting
the recount. To select such an alternative, the two candidates shall
agree to the alternative in a signed, written statement filed with the
election official for the office. The recount shall be conducted using
the alternative method if: It is suited to the balloting system that
was used for casting the votes for the office; it involves the use of
a vote tallying system that is approved for use in this state by the
secretary of state; and the vote tallying system is readily available
in each county required to conduct the recount. If more than one
balloting system was used in casting votes for the office, an
alternative to a manual recount may be selected for each system.
Sec. 67 RCW 29A.64.030 and 2011 c 349 s 24 are each amended to
read as follows:
An application for a recount shall state the office or ballot
measure for which a recount is requested, and whether the request is
for all precincts or only a portion of the ((votes cast)) precincts in
that jurisdiction ((of that office)). The person filing an application
for a manual recount shall, at the same time, deposit with the county
canvassing board or secretary of state, in cash or by certified check,
a sum equal to twenty-five cents for each ballot cast in the
jurisdiction or portion of the jurisdiction for which the recount is
requested as security for the payment of any costs of conducting the
recount. If the application is for a machine recount, the deposit must
be equal to fifteen cents for each ballot. These charges shall be
determined by the county canvassing board or boards under RCW
29A.64.081.
The county canvassing board shall determine the date, time, and
place or places at which the recount will be conducted. Not less than
one day before the date of the recount, the county auditor shall notify
the applicant or affected parties and, if the recount involves an
office, to any person for whom votes were cast for that office of the
date, time, and place of the recount. Each person entitled to receive
notice of the recount may attend, witness the recount, and be
accompanied by counsel.
Proceedings of the canvassing board are public under chapter 42.30
RCW. Subject to reasonable and equitable guidelines adopted by the
canvassing board, all interested persons may attend and witness a
recount.
Sec. 68 RCW 29A.64.050 and 2003 c 111 s 1605 are each amended to
read as follows:
When a partial recount of votes cast for an office or issue changes
the result of the election, the canvassing board or the secretary of
state, if the office or issue is being recounted at his or her
direction, shall order a complete recount of all ballots cast for the
office or issue for the jurisdiction in question.
This recount will be conducted in a manner consistent with RCW
((29A.64.020)) 29A.64.021.
Sec. 69 RCW 29A.64.061 and 2005 c 243 s 21 are each amended to
read as follows:
(1) Upon completion of the canvass of a recount, the canvassing
board shall prepare and certify an amended abstract showing the votes
cast in each precinct for which the recount was conducted. Copies of
the amended abstracts must be transmitted to the same officers who
received the abstract on which the recount was based.
(2) If the ((nomination, election,)) office or issue for which the
recount was conducted was ((submitted only to the voters of a county))
filed with the county auditor, the canvassing board shall file the
amended abstract with the original results of that election or primary.
(3) If the ((nomination, election,)) office or issue for which a
recount was conducted was ((submitted to the voters of more than one
county)) filed with the secretary of state, the secretary of state
shall canvass the amended abstracts and shall file an amended abstract
with the original results of that election. The secretary of state may
require that the amended abstracts be certified by each canvassing
board on a uniform date.
(4) An amended abstract certified under this section supersedes any
prior abstract of the results for the same offices or issues at the
same primary or election.
Sec. 70 RCW 29A.64.090 and 2003 c 111 s 1609 are each amended to
read as follows:
When the official canvass of returns of any election reveals that
the difference in the number of votes cast for the approval of a
statewide measure and the number of votes cast for the rejection of
such measure is less than two thousand votes and also less than one-half of one percent of the total number of votes cast on such measure,
the secretary of state shall direct that a recount of all votes cast on
such measure be made on such measure, in the manner provided by RCW
((29A.64.040)) 29A.64.041 and ((29A.64.060)) 29A.64.061, and the cost
of such recount will be at state expense.
Sec. 71 RCW 29A.68.011 and 2011 c 349 s 25 are each amended to
read as follows:
Any justice of the supreme court, judge of the court of appeals, or
judge of the superior court in the proper county shall, by order,
require any person charged with error, wrongful act, or neglect to
forthwith correct the error, desist from the wrongful act, or perform
the duty and to do as the court orders or to show cause forthwith why
the error should not be corrected, the wrongful act desisted from, or
the duty or order not performed, whenever it is made to appear to such
justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur in
printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and (3) of
this section has been committed or is about to be committed in printing
the ballots; or
(3) The name of any person has been or is about to be wrongfully
placed upon the ballots; or
(4) A wrongful act other than as provided for in subsections (1)
and (3) of this section has been performed or is about to be performed
by any election officer; or
(5) Any neglect of duty on the part of an election officer other
than as provided for in subsections (1) and (3) of this section has
occurred or is about to occur; or
(6) An error or omission has occurred or is about to occur in the
official certification of the election.
An affidavit of an elector under subsections (1) and (3) of this
section when relating to a primary election must be filed with the
appropriate court no later than two days following the closing of the
filing period for such office and shall be heard and finally disposed
of by the court not later than five days after the filing thereof. An
affidavit of an elector under subsections (1) and (3) of this section
when relating to a general election must be filed with the appropriate
court no later than three days following the official certification of
the primary election returns, or official certification of candidates
qualified to appear on the general election ballot, whichever is later,
and shall be heard and finally disposed of by the court not later than
five days after the filing thereof. An affidavit of an elector under
subsection (6) of this section shall be filed with the appropriate
court no later than ten days following the official certification of
the election as provided in RCW 29A.60.190, 29A.60.240, or 29A.60.250
or, in the case of a recount, ten days after the official certification
of the amended abstract as provided in RCW 29A.64.061.
Sec. 72 RCW 29A.68.020 and 2011 c 10 s 64 are each amended to
read as follows:
Any of the following causes may be asserted by a registered voter
to challenge the right to assume office of a candidate declared elected
to that office:
(1) For misconduct on the part of any ((member of any precinct))
election ((board)) officer involved therein;
(2) Because the person whose right is being contested was not, at
the time the person was declared elected, eligible to that office;
(3) Because the person whose right is being contested was, previous
to the election, convicted of a felony by a court of competent
jurisdiction, the conviction not having been reversed nor the person's
civil rights restored after the conviction;
(4) Because the person whose right is being contested gave a bribe
or reward to a voter or to an election officer for the purpose of
procuring the election, or offered to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI, section
3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly
registered voters who were not properly challenged under RCW 29A.08.810
and 29A.08.820.
All election contests must proceed under RCW 29A.68.011.
Sec. 73 RCW 29A.72.080 and 2003 c 111 s 1809 are each amended to
read as follows:
Any persons, including the attorney general or either or both
houses of the legislature, dissatisfied with the ballot title or
summary for a state initiative or referendum may, within five days from
the filing of the ballot title in the office of the secretary of state,
appeal to the superior court of Thurston county by petition setting
forth the measure, the ballot title or summary, and their objections to
the ballot title or summary and requesting amendment of the ballot
title or summary by the court. Saturdays, Sundays, and legal holidays
are not counted in calculating the time limits contained in this
section.
A copy of the petition on appeal together with a notice that an
appeal has been taken shall be served upon the secretary of state, upon
the attorney general, and upon the person proposing the measure if the
appeal is initiated by someone other than that person. Upon the filing
of the petition on appeal or at the time to which the hearing may be
adjourned by consent of the appellant, the court shall accord first
priority to examining the proposed measure, the ballot title or
summary, and the objections to that ballot title or summary, may hear
arguments, and shall, within five days, render its decision and file
with the secretary of state a certified copy of such ballot title or
summary as it determines will meet the requirements of RCW 29A.72.060.
The decision of the superior court shall be final. Such appeal shall
be heard without costs to either party.
Sec. 74 RCW 29A.72.130 and 2005 c 239 s 3 are each amended to
read as follows:
Petitions ordering that acts or parts of acts passed by the
legislature be referred to the people at the next ensuing general
election, or special election ordered by the legislature, must be
substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
Sec. 75 RCW 29A.72.250 and 2008 c 1 s 10 are each amended to read
as follows:
If a referendum or initiative petition for submission of a measure
to the people is found sufficient, the secretary of state shall at the
time and in the manner that he or she certifies ((for)) to the county
auditors of the various counties the names of candidates for state and
district officers certify to each county auditor the serial numbers and
ballot titles of the several initiative and referendum measures and
serial numbers and short descriptions of measures submitted for an
advisory vote of the people to be voted upon at the next ensuing
general election or special election ordered by the legislature.
Sec. 76 RCW 29A.72.290 and 2008 c 1 s 11 are each amended to read
as follows:
The county auditor of each county shall print on the official
ballots for the election at which initiative and referendum measures
and measures for an advisory vote of the people are to be submitted to
the people for their approval or rejection, the serial numbers and
ballot titles certified by the secretary of state and the serial
numbers and short descriptions of measures for an advisory vote of the
people. They must appear under separate headings in the order of the
serial numbers as follows:
(1) ((Measures proposed for submission to the people by initiative
petition will be under the heading, "Proposed by Initiative Petition"))
Initiatives to the people;
(2) ((Bills passed by the legislature and ordered referred to the
people by referendum petition will be under the heading, "Passed by the
Legislature and Ordered Referred by Petition")) Referendum measures;
(3) ((Bills passed and referred to the people by the legislature
will be under the heading, "Proposed to the People by the
Legislature")) Referendum bills;
(4) ((Measures proposed to the legislature and rejected or not
acted upon will be under the heading, "Proposed to the Legislature and
Referred to the People")) Initiatives to the legislature;
(5) ((Measures proposed to the legislature and alternative measures
passed by the legislature in lieu thereof will be under the heading,
"Initiated by Petition and Alternative by Legislature")) Initiatives to
the legislature and legislative alternatives;
(6) ((Measures for an advisory vote of the people under RCW
29A.72.040 will be under the heading, "Advisory Vote of the People."))
Advisory votes;
(7) Proposed constitutional amendments.
Sec. 77 RCW 29A.76.020 and 2003 c 111 s 1902 are each amended to
read as follows:
(((1))) The legislative authority of each county and each city,
town, and special purpose district which lies ((entirely)) within the
county shall provide the county auditor accurate information describing
its geographical boundaries and the boundaries of its director,
council, or commissioner districts and shall ensure that the
information provided to the auditor is kept current.
(((2) A city, town, or special purpose district that lies in more
than one county shall provide the secretary of state accurate
information describing its geographical boundaries and the boundaries
of its director, council, or commissioner districts and shall ensure
that the information provided to the secretary is kept current. The
secretary of state shall promptly transmit to each county in which a
city, town, or special purpose district is located information
regarding the boundaries of that jurisdiction which is provided to the
secretary.))
Sec. 78 RCW 29A.76.030 and 2003 c 111 s 1903 are each amended to
read as follows:
If the boundaries of any city, township, or rural precinct are
changed in the manner provided by law, the county auditor shall
((transfer)) update the registration ((cards)) records of every
registered voter whose place of residence is affected thereby ((to the
files of the proper precinct, noting thereon the name or number of the
new precinct, or change the addresses, the precinct names or numbers,
and the special district designations for those registered voters on
the voter registration lists of the county)). It shall not be
necessary for any registered voter whose ((residence)) registration has
been changed from one precinct to another, by a change of boundary, to
apply to the ((registration officer)) county auditor for a transfer of
registration. The county auditor shall mail a notice to each
((registrant in the new precinct a notice that his or her precinct has
been changed from . . . . . . to . . . . . ., and that thereafter the
registrant will be entitled to vote in the new precinct, giving the
name or number)) registered voter.
Sec. 79 RCW 29A.80.020 and 2003 c 111 s 2002 are each amended to
read as follows:
The state committee of each major political party consists of one
committeeman and one committeewoman from each county elected by the
county central committee at its organization meeting. It must have a
chair and vice chair of opposite sexes. This committee shall meet
during January of each odd-numbered year for the purpose of
organization at a time and place designated by a notice mailed at least
one week before the date of the meeting to all ((the newly elected))
new state committeemen and committeewomen by the authorized officers of
the retiring committee. At its organizational meeting it shall elect
its chair and vice chair, and such officers as its bylaws may provide,
and adopt bylaws, rules, and regulations. It may:
(1) Call conventions at such time and place and under such
circumstances and for such purposes as the call to convention
designates. The manner, number, and procedure for selection of state
convention delegates is subject to the committee's rules and
regulations duly adopted;
(2) Provide for the election of delegates to national conventions;
(3) ((Fill vacancies on the ticket for any federal or state office
to be voted on by the electors of more than one county;)) Provide for the nomination of presidential electors; and
(4)
(((5))) (4) Perform all functions inherent in such an organization.
Notwithstanding any provision of this chapter, the committee may
not adopt rules governing the conduct of the actual proceedings at a
party state convention.
Sec. 80 RCW 29A.84.210 and 2003 c 111 s 2109 are each amended to
read as follows:
Every officer who willfully violates any of the provisions of
chapter 29A.72 RCW or RCW 29A.32.010 through ((29A.32.120)) 29A.32.121,
for the violation of which no penalty is herein prescribed, or who
willfully fails to comply with the provisions of chapter 29A.72 RCW or
RCW 29A.32.010 through ((29A.32.120)) 29A.32.121, is guilty of a gross
misdemeanor punishable to the same extent as a gross misdemeanor that
is punishable under RCW 9A.20.021.
Sec. 81 RCW 29A.84.261 and 2004 c 271 s 184 are each amended to
read as follows:
The following apply to persons signing ((nominating)) filing fee
petitions prescribed by RCW 29A.24.101:
(1) A person who signs a petition with any other than his or her
name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person
knowingly: Signs more than one petition for any single candidacy of
any single candidate; signs the petition when he or she is not a legal
voter; or makes a false statement as to his or her residence.
Sec. 82 RCW 29A.84.510 and 2011 c 10 s 69 are each amended to
read as follows:
(1) During the voting period that begins eighteen days before and
ends the day of a special election, general election, or primary, no
person may((,)):
(a) Within a voting center:
(((a))) (i) Suggest or persuade or attempt to suggest or persuade
any voter to vote for or against any candidate or ballot measure;
(((b))) (ii) Circulate cards or handbills of any kind;
(((c))) (iii) Solicit signatures to any kind of petition; or
(((d))) (iv) Engage in any practice which interferes with the
freedom of voters to exercise their franchise or disrupts the
administration of the voting center.
(((2) No person may)) (b) Obstruct the doors or entries to a
building in which a voting center or ballot drop location is located or
prevent free access to and from any voting center or ballot drop
location.
(2) Any sheriff, deputy sheriff, or municipal law enforcement
officer shall ((prevent such obstruction)) stop the prohibited
activity, and may arrest any person ((creating such obstruction))
engaging in the prohibited activity.
(3) Any violation of this section is a gross misdemeanor,
punishable to the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021, and the person convicted may be ordered to pay the
costs of prosecution.
Sec. 83 RCW 29A.84.520 and 2011 c 10 s 70 are each amended to
read as follows:
Any election officer who does any electioneering at a voting center
or ballot drop location during the voting period that begins eighteen
days before and ends the day of a special election, general election,
or primary((,)) is guilty of a misdemeanor, and upon conviction must be
fined in any sum not exceeding one hundred dollars and pay the costs of
prosecution.
Sec. 84 RCW 29A.84.711 and 2004 c 271 s 186 are each amended to
read as follows:
Every person who:
(1) Knowingly and falsely issues a certificate of nomination or
election; or
(2) Knowingly provides false information on a minor party or
independent candidate certificate ((which must be filed with an
elections officer under chapter 29A.20 RCW,)) of nomination is guilty
of a class C felony punishable under RCW 9A.20.021.
Sec. 85 RCW 29A.88.020 and 2003 c 111 s 2202 are each amended to
read as follows:
(1) Within seven days after any recommendation by the president of
the United States of a site in the state of Washington to be a high-
level nuclear waste repository under 42 U.S.C. Sec. 10136, the governor
shall set the date for a special statewide election to vote on
disapproval of the selection of such site. The special election shall
be ((no more than fifty)) held not less than forty-five nor more than
ninety days after the date of the recommendation of the president of
the United States.
(2) If either the governor or the legislature submits a notice of
disapproval to the United States Congress within twenty-one days of the
date of the recommendation by the president of the United States, then
the governor is authorized to cancel the special election pursuant to
subsection (1) of this section.
Sec. 86 RCW 29A.88.040 and 2003 c 111 s 2204 are each amended to
read as follows:
The secretary of state shall promptly notify the county auditors of
the date of the special election and certify to them the text of the
ballot title for this special election. The general election laws
shall apply to the election required by RCW 29A.88.020 to the extent
that they are not inconsistent with this chapter. Statutory deadlines
relating to certification, canvassing, and the voters' pamphlet may be
modified for the election held pursuant to RCW 29A.88.020 by the
secretary of state through emergency rules adopted under RCW
((29A.04.610)) 29A.04.611.
Sec. 87 RCW 35.17.020 and 1994 c 223 s 10 and 1994 c 119 s 1 are
each reenacted and amended to read as follows:
(1) All regular elections in cities organized under the statutory
commission form of government shall be held quadrennially in the odd-numbered years on the dates provided in RCW ((29.13.020)) 29A.04.330.
However, after commissioners are elected at the next general election
occurring in 1995 or 1997, regular elections in cities organized under
a statutory commission form of government shall be held biennially at
municipal general elections.
(2) The commissioners shall be nominated and elected at large.
Their terms shall be for four years and until their successors are
elected and qualified and assume office in accordance with RCW
((29.04.170)) 29A.20.040 (as recodified by this act). However, at the
next regular election of a city organized under a statutory commission
form of government, the terms of office of commissioners shall occur
with the person who is elected as a commissioner receiving the least
number of votes being elected to a two-year term of office and the
other two persons who are elected being elected to four-year terms of
office. Thereafter, commissioners shall be elected to four-year terms
of office.
(3) Vacancies on a commission shall occur and shall be filled as
provided in chapter 42.12 RCW((, except that in every instance a person
shall be elected to fill the remainder of the unexpired term at the
next general municipal election that occurs twenty-eight or more days
after the occurrence of the vacancy)).
Sec. 88 RCW 42.12.040 and 2011 c 349 s 27 are each amended to
read as follows:
(1) If a vacancy occurs in any partisan elective office in the
executive or legislative branches of state government or in any
partisan county elective office before the first day of the regular
filing period, the position must be open for filing during the regular
filing period as provided in RCW 29A.24.171 and a successor shall be
elected at the general election. Except during the last year of the
term of office, if such a vacancy occurs on or after the first day of
the regular filing period, the election of the successor shall occur at
the next succeeding general election as provided in RCW 29A.24.171.
The elected successor shall hold office for the remainder of the
unexpired term. This section shall not apply to any vacancy occurring
in a charter county which has charter provisions inconsistent with this
section.
(2) If a vacancy occurs in any legislative office or in any
partisan county office after the general election in a year that the
position appears on the ballot and before the start of the next term,
the term of the successor who is of the same party as the incumbent may
commence once he or she has qualified as defined in RCW 29A.04.133 and
shall continue through the term for which he or she was elected.
Sec. 89 RCW 42.12.070 and 2011 c 349 s 28 are each amended to
read as follows:
A vacancy on an elected nonpartisan governing body of a special
purpose district where property ownership is not a qualification to
vote, a town, or a city other than a first-class city or a charter code
city, shall be filled as follows unless the provisions of law relating
to the special district, town, or city provide otherwise:
(1) Where one position is vacant, the remaining members of the
governing body shall appoint a qualified person to fill the vacant
position.
(2) Where two or more positions are vacant and two or more members
of the governing body remain in office, the remaining members of the
governing body shall appoint a qualified person to fill one of the
vacant positions, the remaining members of the governing body and the
newly appointed person shall appoint another qualified person to fill
another vacant position, and so on until each of the vacant positions
is filled with each of the new appointees participating in each
appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain in office,
the county legislative authority of the county in which all or the
largest geographic portion of the city, town, or special district is
located shall appoint a qualified person or persons to the governing
body until the governing body has two members.
(4) If a governing body fails to appoint a qualified person to fill
a vacancy within ninety days of the occurrence of the vacancy, the
authority of the governing body to fill the vacancy shall cease and the
county legislative authority of the county in which all or the largest
geographic portion of the city, town, or special district is located
shall appoint a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails to
appoint a qualified person within one hundred eighty days of the
occurrence of the vacancy, the county legislative authority or the
remaining members of the governing body of the city, town, or special
district may petition the governor to appoint a qualified person to
fill the vacancy. The governor may appoint a qualified person to fill
the vacancy after being petitioned if at the time the governor fills
the vacancy the county legislative authority has not appointed a
qualified person to fill the vacancy.
(6) As provided in chapter 29A.24 RCW, each person who is appointed
shall serve until a qualified person is elected at the next election at
which a member of the governing body normally would be elected. ((If
needed, special filing periods shall be authorized as provided in
chapter 29A.24 RCW for qualified persons to file for the vacant office.
A primary shall be held to qualify candidates if sufficient time exists
to hold a primary and more than two candidates file for the vacant
office. Otherwise, a primary shall not be held and the person
receiving the greatest number of votes shall be elected.)) The person
elected shall take office immediately and serve the remainder of the
unexpired term.
((If an election for the position that became vacant would
otherwise have been held at this general election date, only one
election to fill the position shall be held and the person elected to
fill the succeeding term for that position shall take office
immediately when qualified as defined in RCW 29A.04.133 and shall
service both the remainder of the unexpired term and the succeeding
term.))
Sec. 90 RCW 46.20.155 and 2009 c 369 s 42 are each amended to
read as follows:
(1) Before issuing an original license or identicard or renewing a
license or identicard under this chapter, the licensing agent shall
determine if the applicant wants to register to vote or ((transfer))
update his or her voter registration by asking the following question:
"Do you want to register to vote or ((transfer)) update your voter
registration?"
If the applicant chooses to register or ((transfer)) update a
registration, the agent shall ask the following:
(1) "Are you a United States citizen?"
(2) "Are you or will you be eighteen years of age on or before the
next election?"
If the applicant answers in the affirmative to both questions, the
agent shall then submit the registration or ((transfer)) update. If
the applicant answers in the negative to either question, the agent
shall not submit a voter registration application.
(2) The department shall establish a procedure that substantially
meets the requirements of subsection (1) of this section when
permitting an applicant to renew a license or identicard by mail or by
electronic commerce.
Sec. 91 RCW 29A.24.311 and 2012 c 89 s 2 are each amended to read
as follows:
(1) Any person who desires to be a write-in candidate and have such
votes counted at a primary or election may file a declaration of
candidacy with the officer designated in RCW 29A.24.070 not later than
the day ballots must be mailed according to RCW 29A.40.070.
Declarations of candidacy for write-in candidates must be accompanied
by a filing fee in the same manner as required of other candidates
filing for the office as provided in RCW 29A.24.091.
(2) Votes cast for write-in candidates who have filed such
declarations of candidacy ((and write-in votes for persons appointed by
major political parties pursuant to RCW 29A.28.021)) need only specify
the name of the candidate in the appropriate location on the ballot in
order to be counted. Write-in votes cast for any other candidate, in
order to be counted, must designate the office sought and position
number ((or political party)), if the manner in which the write-in is
done does not make the office or position clear.
(3) No person may file as a write-in candidate where:
(a) At a general election, the person attempting to file either
filed as a write-in candidate for the same office at the preceding
primary or the person's name appeared on the ballot for the same office
at the preceding primary;
(b) The person attempting to file as a write-in candidate has
already filed a valid write-in declaration for that primary or
election((, unless one or the other of the two filings is for the
office of precinct committeeperson));
(c) The name of the person attempting to file already appears on
the ballot as a candidate for another office, unless ((one of the two
offices for which he or she is a candidate is precinct
committeeperson)) the other office is precinct committee officer or a
temporary elected position, such as charter review board member or
freeholder;
(d) The office filed for is committee precinct officer.
(4) The declaration of candidacy shall be similar to that required
by RCW 29A.24.031. No write-in candidate filing under this section may
be included in any voter's pamphlet produced under chapter 29A.32 RCW
unless that candidate qualifies to have his or her name printed on the
general election ballot. The legislative authority of any jurisdiction
producing a local voter's pamphlet under chapter 29A.32 RCW may
provide, by ordinance, for the inclusion of write-in candidates in such
pamphlets.
Sec. 92 RCW 29A.36.040 and 2003 c 111 s 904 are each amended to
read as follows:
Upon the filing of a ballot title under RCW 29A.36.020 ((or
29A.36.050)), the secretary of state shall provide notice of the exact
language of the ballot title and summary to the chief clerk of the
house of representatives, the secretary of the senate, and the prime
sponsor of measure.
NEW SECTION. Sec. 93 (1) RCW 29A.04.240 is recodified as a
section in chapter 29A.08 RCW.
(2) RCW 29A.20.010 and 29A.20.021 are recodified as sections in
chapter 29A.24 RCW.
(3) RCW 29A.20.030 and 29A.20.040 are recodified as sections in
chapter 29A.60 RCW.
(4) RCW 29A.20.111, 29A.20.121, 29A.20.131, 29A.20.151, 29A.20.161,
29A.20.171, 29A.20.181, and 29A.20.191 are each recodified as sections
in chapter 29A.56 RCW.
(5) RCW 29A.28.071 is recodified as a section in chapter 29A.80
RCW.
(6) RCW 29A.76.030 is recodified as a section in chapter 29A.16
RCW.
NEW SECTION. Sec. 94 The following acts or parts of acts are
each repealed:
(1) RCW 7.16.370 (Enforcement of term limits for elected officials)
and 1993 c 1 s 9;
(2) RCW 29A.04.225 (Public disclosure reports) and 2005 c 274 s 248
& 2003 c 111 s 136;
(3) RCW 29A.08.250 (Furnished by secretary of state) and 2005 c 246
s 13, 2004 c 267 s 117, 2003 c 111 s 220, 2001 c 41 s 8, 1999 c 298 s
7, & 1993 c 434 s 8;
(4) RCW 29A.08.785 (Information services board, consultation) and
2004 c 267 s 140;
(5) RCW 29A.12.170 (Consultation with information services board)
and 2004 c 267 s 321;
(6) RCW 29A.20.141 (Convention--Requirements for validity) and 2004
c 271 s 111;
(7) RCW 29A.20.201 (Declarations of candidacy required,
exceptions--Payment of fees) and 2004 c 271 s 113;
(8) RCW 29A.24.030 (Declaration of candidacy) and 2005 c 2 s 9,
2003 c 111 s 603, 2002 c 140 s 1, & 1990 c 59 s 82;
(9) RCW 29A.24.120 (Date for withdrawal -- Notice) and 2003 c 111 s
612;
(10) RCW 29A.28.011 (Major party ticket) and 2004 c 271 s 191;
(11) RCW 29A.28.021 (Death or disqualification--Correcting
ballots--Counting votes already cast) and 2006 c 344 s 11 & 2004 c 271
s 192;
(12) RCW 29A.32.036 (Even year primary contents) and 2004 c 271 s
122;
(13) RCW 29A.32.050 (Notice of constitutional amendments and state
measures -- Explanatory statement) and 2009 c 415 s 4, 2003 c 111 s 805,
1967 c 96 s 3, & 1965 c 9 s 29.27.076;
(14) RCW 29A.36.050 (Statewide question -- Ballot title -- Formulation,
ballot display) and 2003 c 111 s 905;
(15) RCW 29A.36.104 (Partisan primary ballots--Formats) and 2007 c
38 s 2 & 2004 c 271 s 126;
(16) RCW 29A.36.106 (Partisan primary ballots--Required statements)
and 2007 c 38 s 3 & 2004 c 271 s 127;
(17) RCW 29A.36.171 (Nonpartisan candidates qualified for general
election) and 2004 c 271 s 170;
(18) RCW 29A.36.191 (Partisan candidates qualified for general
election) and 2004 c 271 s 133;
(19) RCW 29A.52.011 (Elections to fill unexpired term--No primary,
when) and 2006 c 344 s 14 & 2004 c 271 s 172;
(20) RCW 29A.52.106 (Intent) and 2004 c 271 s 140;
(21) RCW 29A.52.111 (Application of chapter--Exceptions) and 2004
c 271 s 173;
(22) RCW 29A.52.116 (Application of chapter--Exceptions) and 2004
c 271 s 139;
(23) RCW 29A.52.130 (Blanket primary authorized) and 2003 c 111 s
1304;
(24) RCW 29A.52.141 (Instructions) and 2004 c 271 s 141;
(25) RCW 29A.52.151 (Ballot format--Procedures) and 2007 c 38 s 4
& 2004 c 271 s 142;
(26) RCW 29A.53.010 (Finding--Intent) and 2005 c 153 s 1;
(27) RCW 29A.53.020 (Participant qualifications, procedures,
report) and 2005 c 153 s 2;
(28) RCW 29A.53.030 (Definitions) and 2005 c 153 s 3;
(29) RCW 29A.53.040 (Application of election laws) and 2005 c 153
s 4;
(30) RCW 29A.53.050 (Tabulation of ballots--Counting stages) and
2005 c 153 s 5;
(31) RCW 29A.53.060 (Voting conditions and limitations) and 2005 c
153 s 6;
(32) RCW 29A.53.070 (Local option authorized) and 2005 c 153 s 7;
(33) RCW 29A.53.080 (Ballot specifications and directions to
voters) and 2005 c 153 s 8;
(34) RCW 29A.53.090 (Changes in voting devices and counting
methods) and 2005 c 153 s 9;
(35) RCW 29A.53.900 (Expiration date) and 2005 c 153 s 13;
(36) RCW 29A.53.901 (Captions not law--2005 c 153) and 2005 c 153
s 16;
(37) RCW 29A.53.902 (Severability--2005 c 153) and 2005 c 153 s 17;
(38) RCW 29A.80.011 (Authority--Generally) and 2004 c 271 s 183;
(39) RCW 44.04.015 (Term limits) and 1993 c 1 s 3; and
(40) RCW 49.28.120 (Employer's duty to provide time to vote) and
1987 c 296 s 1.
NEW SECTION. Sec. 95 2009 c 369 s 27 is repealed.